Escobar v. Brewer et al

Filing 21

MOTION for Leave to File Excess Pages for Motion to Exceed Page Limitations by Tucson, City of. (McCrory, Michael)

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MICHAEL G. RANKIN City Attorney Michael W.L. McCrory Principal Assistant City Attorney P.O. Box 27210 Tucson, AZ 85726-7210 Telephone: [phone] State Bar 3899 PCC No. 37268 Attorneys for City of Tucson

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MARTIN H. ESCOBAR, Plaintiff, vs. JAN BREWER, Governor of the State of Arizona, in her Official and Individual Capacity; THE CITY OF TUCSON, a municipal corporation, and BARBARA LaWALL, County Attorney, Pima County, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-249 TUC DCB MOTION TO EXCEED PAGE LIMITATION

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THE CITY OF TUCSON, a municipal corporation, Cross-plaintiff, vs. THE STATE OF ARIZONA, a body politic; and JAN BREWER, in her capacity as Governor of the State of Arizona, Cross-defendants.

Defendants.

Cross-plaintiff, City of Tucson (the "City"), hereby moves that this Court permit the City to file its Motion for Preliminary Injunction in excess of the
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page limitation set by United States District Court Local Rule 7.2(e). This case involves the facial validity of the recent Arizona law increasing enforcement of federal immigration laws, Senate Bill 1070 as amended by House Bill 2162 ("SB 1070"). That law has stirred extensive controversy both in Arizona, across the county and in the neighboring country of Mexico. It will have a major impact upon the City both in terms of how the City enforces federal immigration law and in loss of sales tax and bed tax revenue if enforced. Both the Plaintiff and Cross-plaintiff seek to enjoin enforcement before the Act takes effect based upon fundamental constitutional conflicts. Because of the short time frame for resolving the facial validity of SB 1070, the parties need to provide the Court with briefs that fully present the issues. The Cross-plaintiff's brief addresses its view of issues raised by the Plaintiff against the defendant City and the Governor, as well as, the City's cross-claim against the State of Arizona and the Governor. The City's brief does not duplicate the Plaintiff's brief and, where appropriate, has provided cross-references to that brief. The City presents distinct arguments regarding the Court's jurisdiction and the irreparable injury that will be caused by SB 1070 if not enjoined. The City also presents arguments regarding the

violation of the separation of powers, the unlawful delegation of the police power and discrimination against interstate commerce which are not raised in the Plaintiff's brief. All of these issues deserve full consideration which

cannot be provided within the established page limitation.
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For all the foregoing reasons, the City hereby moves that this Court grant this motion and allow the filing of the Cross-plaintiff's Motion for Preliminary Injunction lodged with the filing of this motion. Respectfully submitted this 7th day of June, 2010.

MICHAEL G. RANKIN City Attorney By: /s/ Michael W.L. McCrory Michael W.L. McCrory Principal Assistant City Attorney

Copies of the foregoing mailed on this 7th day of June, 2010, to: Richard M. Martinez 307 South Convent Avenue Tucson, Arizona 85701 Stephen Montoya Augustine B. Jimenez Montoya Jimenez, PA 3200 N Central Avenue, #2550 Phoenix, AZ 85012 Co-counsel for Plaintiff John J. Bouma Robert A. Henry Joseph G. Adams Snell & Wilmer, LLP One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202

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Joseph A. Kanefield General Counsel Office of the Governor 1700 W. Washington Phoenix, AZ 85007 Co-counsel for Defendant/CrossDefendant Jan Brewer Mary R. O'Grady Solicitor General Christopher A. Munns Assistant Attorney General 1275 W. Washington Phoenix, AZ 85007-2997 Counsel for Cross-defendant State of Arizona /s/ Michelle Gensman

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